Case No.: IT-04-74-PT


Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Mr. Hans Holthuis

7 October 2005






The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Ms. Vesna Alaburic for Milivoj Petkovic

The Government of the Republic of Croatia:

per: The Embassy of the Republic of Croatia The Hague

TRIAL CHAMBER I ("Chamber") of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal");

BEING SEISED OF "The Accused Milivoj Petkovic’s Urgent Motion for Variation of Conditions of Provisional Release", filed on 28 September 2005, ("the Motion");

NOTING the Trial Chamber’s "Order on Provisional Release of Milivoj Petkovic”, filed on 30 July 2004 (“Order on Provisional Release”), in which the Chamber provisionally released Milivoj Petkovic (“the Accused”), subject to certain conditions, the first of which was that he would "remain within the confines of the municipality of his chosen residence in the Republic of Croatia", which is the municipality of Split;

NOTING that in the Motion the Accused argues that, since his provisional release, he always complied with the conditions imposed on him under the Order on Provisional Release and that the Government of the Republic of Croatia regularly notified the Registry of the Tribunal that he continued to fulfil these obligations;1

NOTING that in the Motion the Accused requests the Chamber to modify the first condition of the Provisional Release Order for a limited time period of twelve days, from 8 October 2005 until 20 October 2005 in order to enable him to attend a necessary medical examination from 10 October 2005 until 15 October 2005, which cannot be done in any hospital in the municipality of his residence;2

NOTING that in the “Prosecution’s Response to Accused Milivoj Petkovic’s Application for Variation of Conditions of Provisional Release", filed on 3 October 2005, ("the Prosecution’s Response"), the Prosecution stated that it had no objection to the Accused being allowed to travel to and remain in Zagreb for medical purposes but for a total of eight days only, on the condition that the Chamber order similar terms and conditions, as it ordered for short-term variations of the provisional release orders of other accused in this case;3

CONSIDERING that the Accused, according to his own submission, needs only 6 days for the required medical examination, and that no more than 2 days would be reasonably required for travelling;

PURSUANT to Rules 54 and 65 of the Rules of Procedure and Evidence of the Tribunal;

GRANTS the Motion in part; and

ORDERS that the conditions for provisional release of the Accused be modified temporarily as set out below;

ALLOWS the Accused to be allowed to travel to and remain in Zagreb, for purposes of the described medical treatment, for a limited period of eight consecutive days, travel time included and to travel, under escort but at his own costs, to a hospital in Zagreb for the purposes of undergoing the required medical examination on the following conditions:

  1. the Accused shall remain within Zagreb under surveillance by the local police, and under escort by the local Police when leaving Split, the municipality of his residence,

  2. the Accused shall not have any contact whatsoever or in any way interfere with victims or potential witnesses during his absence from his residence in Split;

  3. the Accused shall not otherwise interfere in any way with the proceedings or the administration of justice, in particular by destroying evidence;

  4. the Accused shall not discuss the case with anyone, other than his counsel, and not have any contact with the media or with any other accused before this Tribunal;

  5. the Accused shall comply with any additional measure imposed by the Government of the Republic of Croatia, for the purpose of giving full effect to this Order;

  6. the Accused shall notify the Chamber, through his counsel, of his departure 24 hours prior to his leaving Split and again 24 hours after his return;
  7. REQUIRES the Government of the Republic of Croatia to:

  8. escort the Accused from the municipality of Split to Zagreb for the purposes of receiving the necessary medical examination;

  9. to escort the Accused back to his residence in Split upon completion of his medical examination in Zagreb;

  10. to cover the costs of the escort from and back to Zagreb;

  11. to provide for the personal security and safety of the Accused during the travel;
  12. to arrest the Accused immediately in case of any breach of or attempt to breach the terms of this Order and to report any such breach or attempt to the Chamber;


Done in both English and French, the English text being authoritative.

Dated this seventh day of October 2005,
At The Hague
The Netherlands

Judge Liu Daqun, Presiding Judge,
Trial Chamber I

Done in English and French, the English text being authoritative.
Dated this seventh day of October 2005
At The Hague, The Netherlands

[Seal of the Tribunal]

1. The Motion at para. 3.
2. The Motion at paras. 4 and 13.
3. The Prosecution’s Response at para 2.